Petition against PM's election accepted in Lahore High Court

Rana Bilal Published September 4, 2018

The Lahore High Court (LHC) on Tuesday accepted a petition seeking the prime minister's election to be declared unconstitutional on the basis that at least 69 members of the National Assembly abstained from voting and failed to participate in the formation of the federal government.

The petitioner, Sheikh Zahid Mahmood, had last week filed the petition through senior lawyer A.K. Dogar, pleading that it was mandatory under Article 91(4) of the Constitution that every member of the National Assembly must cast his/her vote to person(s) nominated for the election of prime minister.

The petitioner had stated that 69 members of the PPP and PPP and Jamaat-i-Islami (JI) were present in the assembly but abstained from voting, and that by doing so they had failed to perform their duty of participating in the establishment of the federal government.

In the petition, he had explained that the chosen representatives of the people could not abstain from casting their votes, and urged the court to declare that Imran Khan had been elected as prime minister unconstitutionally.

The LHC accepted the petition for hearing today, and directed the petitioner to make the parliamentarians who did not partake in the PM election, parties to the petition.

The court also issued notices to the PPP and JI, and ordered Deputy Attorney General Imran Aziz to discuss the matter with PM Khan and the election commission, and appear before the court in the next hearing.

The first hearing of the case will take place on November 1.

Pakistan

Rana Bilal is a Lahore-based reporter for Dawn News (TV) with over nine years of experience covering legal affairs, justice-sector developments, and environmental issues. He can be found on X at @ranabilaldawn.

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Hasnain Haque

Sep 04, 2018 03:16pm

This is absurd, why didn’t the speaker tell the members this if it is true and unconstitutional.

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Hasnain Haque

Sep 04, 2018 03:17pm

Oh dear another futile attempt.

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Dr. Salaria, Aamir Ahmad

Sep 04, 2018 03:19pm

These are in essence fake tactics to gain cheap publicity by the petitioner in order to safeguard, promote and protect his vested, political, financial, social, economic, family, clan and tribal interests.

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Muneer

Sep 04, 2018 03:19pm

A superfluous petition.It is just a methodology to make money and waste time of the court on non issues.

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SUMAIRA

Sep 04, 2018 03:21pm

PPP JI and PML-N goons sat out in Parliament? What an excuse this is? These people can't participate in a democratic system and must resign instead of planning sabotage and destruction through the use of futile legal loopholes.

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haris

Sep 04, 2018 03:22pm

"The petitioner had stated that 69 members of the PPP and PPP and Jamaat-i-Islami (JI) were present in the assembly but abstained from voting" What's that suppose to do with dis-qualification of Imran Khan? PPP and PPPP has fielded their joint-candidate, so it doesn't reflect any change in the outcome. There is none in the assembly representing JI as JI has contested the 2018 elections under MMA. What's the point of making the fuss now? This petition should be declared null and void on the first sitting.

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Badar Ali

Sep 04, 2018 03:23pm

its too late for that lets move on and wait another 5 years

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Fifa

Sep 04, 2018 03:28pm

the status quo will not get away with anything no matter what. Even if Imran’s opponent had gotten all the ppp votes, he would still have lost (165 vs 176). Therefore, this whole point is mute and a waste of time.

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FairPlay

Sep 04, 2018 03:29pm

Imran is the PM so let's move on.

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Aleem

Sep 04, 2018 03:31pm

What a waste of time and resources.

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Hashim

Sep 04, 2018 03:31pm

If an elected member in the parliament representing his constituency does not show responsibility in that case those members should be removed from the parliament as millions have been spent people of Pakistan. The court should ask for return of this money and fresh election on this seat should be conducted

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Zeeshan Ahmad

Sep 04, 2018 03:35pm

I believe petition should be field against 69 member who were present but didn't due to their interest/conflict. People voted them to safe guard their interest.

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M.Mudassir Siddiqui

Sep 04, 2018 03:43pm

Whats the fault of IK if members from JI & PPP did not vote?

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Sid

Sep 04, 2018 03:44pm

What a waste of time - Court should throw this case out ASAP and fine the petitioner for wasting court time

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Sameer

Sep 04, 2018 03:45pm

What a useless rule is that?

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Ayesha Sadozai

Sep 04, 2018 03:47pm

What happened to the previous petition , to prove that the PM is neither 'sadiq' nor 'ameen'? That was filed in LHC or IHC? What's the status of that now?

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Sameer

Sep 04, 2018 03:51pm

One's respect in one's hand, Lahore High Court should penalise the non voting MNAs; add those penalties to Bhasha Dam fund and terminate their memberships.

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Uzair

Sep 04, 2018 03:56pm

Wouldn't that be a case against those who didn't cast the vote rather than Imran? Because after all, had they cast the vote, Imran still would have won for having the majority.

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Iqbal Malik

Sep 04, 2018 03:56pm

Members who did not cast their votes, their election should be voided not the PM.

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sheryaar

Sep 04, 2018 03:58pm

stupid petition... the court should have rejected it right away ...

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Harmony-1©

Sep 04, 2018 04:00pm

This one definitely wins the wood spoon in the beauty contest of 'dirty politics'. If in general elections a voter can abstain from voting why can't a parliamentarian? The parliamentarians have abstained many times before as well. Complete waste of precious court time this!

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Tariq, Lahore

Sep 04, 2018 04:03pm

It is pertinent to say that our time served politicians who are now in the opposition never actually did anything for the betterment of the country or its citizens when they were in power and now they do not want the new admin to get on with the job of doing something positive either for the nation! We do not need any outside enemies we've got homegrown ones in the shape of our opposition lawmakers!

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Fifa

Sep 04, 2018 04:10pm

@Zeeshan Ahmad exactly!! Those 69 should resign and do the nation a greaaat service

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Kashif Ali

Sep 04, 2018 04:10pm

Re-election should announced in all the 69 constutuencies of members who did not fulfill their constitutional duty

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ASIM iQBAL

Sep 04, 2018 04:16pm

So the Court cases starts

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BhaRAT

Sep 04, 2018 04:23pm

What is the fault of Imran khan and PTI If some members of nationals assembly refuse to vote?

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Riaz Ahmad

Sep 04, 2018 04:27pm

The prime minister was elected by the parliament, as for those who did not caste their vote, it is they who violated the law and the petition should be against them. The petitoner is asking for the prime minister to be disqualified for the violation of law by members of another party. How on earth high court accepted such a petition.

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truthspeaks

Sep 04, 2018 04:33pm

Article 91(4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly: Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.

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Shahid

Sep 04, 2018 04:40pm

Is this scheme meant to target the 69 who also 'voted' by their presence but staying neutral? What is wrong with that? Would it have been better that they had all decided to cast their vote after making it invalid so that it could not have been included in the counting process? Those now complaining now did vote for their candidate who failed to make his winning count. This is a childish tantrum and shows their own political immaturity. Another indicator of this fact of their immaturity is the selection of their candidate for the office of President of Pakistan. No wonder they stand rejected after enjoying five long years of irresponsible governance. Are they capable to learn? Will they?

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Asad

Sep 04, 2018 04:43pm

Save the courts time for important matters please, why was this accepted?

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Fazza

Sep 04, 2018 04:44pm

Very Absurd its the parlimentarians who should be punished for abstaining from voting.

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jawaid

Sep 04, 2018 05:12pm

The new government should be given litigation-free environment to concentrate governing the country. Enough is enough.

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Ali

Sep 04, 2018 05:13pm

Those who did not participated in voting must be declared disqualified instead.

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Zak

Sep 04, 2018 05:18pm

In the austerity programe, this futile and meaningless petition should have been rejected. Waste of taxpayers money. Past peactises should be stopped by Judiciary, making cases to harass , disparage and delay tactics.

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Khalid

Sep 04, 2018 05:23pm

Not voting should be illegal and the culprits should be punished. This is nothing but a little distraction.

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Farooq Khan

Sep 04, 2018 05:23pm

The higher courts should act with some wit and not allow lousy time wasters to use precious time of courts for which ordinary people have to chase cases for years with no result. You are already over loaded and do not have the capacity to handle what is in your bucket and you take fictitious cases

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Changez Khan

Sep 04, 2018 05:53pm

Now what is this nonsense.

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Arshad patel

Sep 04, 2018 05:59pm

This is real fun! Show of relentless stupidity of Petitioner!

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Hafeez

Sep 04, 2018 06:36pm

What an unconstitutional clause. If somebody wants to abstain he/she is not allowed. Then better file just one candidate no need for election.

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Majeed at Thani

Sep 04, 2018 06:40pm

Yet another frivolous lawsuit to deflect the judiciary from more important cases. Abstaining members of parliament made an informed choice by abstaining from the vote. Let's see if someone will file a lawsuit challenging their action as they did not fulfill their constitutional duty.

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Khalil abbasi

Sep 04, 2018 06:47pm

It is interesting that petitioner has challenged the PM election on the grounds of boycott by JI and PPP. But has it not been a practice for long that right to boycott is always accepted? Something should be done and something cannot be done are two domains with different perspectives.

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Syed Hasan

Sep 04, 2018 06:51pm

The better option would be to request for the de seating of those who did not participate in voting.

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Hamza Farooq

Sep 04, 2018 06:52pm

Hijacking democracy by not participating and doing their duties. I hope the 69 members get some legal position.

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Wahf

Sep 04, 2018 06:57pm

These people are the real enemies of the masses and traitors. Why didn’t they vote? If they that irresponsible they should be forced to resign by their respective parties. Their actions are no reflection on the outcome of the election which was conducted in accordance with the law and rules of NA.Please take pity on this poor country and do not waste its meagre resources for your selfish and corrupt practices. Your actions are enhancing the prestige and reputation of IK and his government because you are deliberately undermining democracy and the State and failing!

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Sep 04, 2018 07:13pm

Another attempt by the losers in the Punjab ! Who will continue to lose going forward

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s.r.reddy

Sep 04, 2018 07:29pm

@Hasnain Haque the speaker may not aware of constitution

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Javed

Sep 04, 2018 07:35pm

It is high time our superior courts deposed of frivolous lawsuits in an earnest manner.

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Sep 04, 2018 07:40pm

Abstaining from vote is the right of the parliamentarians all over the world. LHC needs to reject petitions which are frivolous and filed with clear intention of destabilizing the system of the government. The limited court resources and time should be spent on clearing the backlog of cases which are of public interest.

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M Wasim K

Sep 04, 2018 07:43pm

Agree with Iqbal Malik, if action is required in this filing, it should be that these 69 members are to be questioned and if they agree to the petition then they should be barred from NA and court proceedings on the pretext of wasting the constitutional voting process to be placed on each individual.

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MSA

Sep 04, 2018 08:25pm

This is absurd. If there is one member in the assembly who does not want to vote and abstains, how will you force him to vote; and if he does not vote, should the election be made null and void? On what basis, the Lahore High Court is accepting the petition? Don't they know this much?

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Shafiq Shah

Sep 04, 2018 09:26pm

Parliamentarian who abstained from voting should be penalized. I do not see any logic to disturb the elected Prime Minister.

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Salman

Sep 04, 2018 10:19pm

I think this person does not understand rules of NA voting. Abstention is an option if the member chooses that route. I pray that LHC make an examples of this frivolous lawsuit by asking the person to pay for the cost of trial.

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FarAz_Canada

Sep 04, 2018 10:30pm

The abstaining members should be deseated if it's such a problem. The constitution gives them that right though

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Zulfiqar

Sep 04, 2018 10:33pm

What a useless waste of taxpayers money. He would have won even if they had voted. The court should have rejected this petition and saved its time and taxpayers money.

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aisha

Sep 04, 2018 10:33pm

Rubbish excuse. Best PM so far.

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Wahid

Sep 04, 2018 10:57pm

Perhaps those 69 people will now come forward and state they voted according to their conscience by abstaining as there was no suitable candidate for them to vote for. Alternatively they abstained because their respective parties won’t allow them to vote according to their free will. Perhaps they will explain the reason for their madness!!

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Raheel

Sep 04, 2018 11:17pm

What a nonsense !!! firstly the case should be against them when they are MPs why the hell they didnt vote. As they say the elections were rigid then how come they are in parliament ????

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Sep 05, 2018 12:00am

Now law will take its own course? Why there is still no clarity ? Is holding re-election an option ?

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Asif jamil

Sep 05, 2018 02:00am

Such petitions waste a lot of court time. I think, a law should be passed that if such a petition fails then the petitioner should be fined twenty lakh rupees. They might then learn a lesson not to waste valuable court time in seeking publicity for themselves.

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imdad ahmad

Sep 05, 2018 02:33am

"you can take a horse to the well but can't make it drink"

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Naveed Burki

Sep 05, 2018 02:55am

The failure of the elected representatives to show up for a day's wages but not to perform the assigned duty is a cause to fine and dismiss such parliament members, but not the duly elected PM. The State can not and should not wait for their "right mood" to perform the essential duty.

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Magnanimous approach

Sep 05, 2018 04:29am

If the petitioner waste court’s time, and just file petition for the sake of petition, he must be fined. Filing petition to stall new government at this crucial financial crunch is biased prejudiced, and malafide. The Imran Khan Govt though few weeks passed already began austerity, like PM not taking expensive tours, auctioning all extra cars, no feasts, why should anyone distract such wonderful Govt. Only the cronies of corrupts in jail can do that.

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Mohomed

Sep 05, 2018 06:54am

If members abstain from voting then they should be punished by losing their seats and there should be bye election on those seats.

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Shabbir Afridi

Sep 05, 2018 07:07am

another mute and moronic attempt from the PPP's Sindh assembly to divert governments attention from the core issues. I was wondering why that fool of a CM of Sindh abstained from voting. I have gotten my answers now.

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Arshad

Sep 05, 2018 07:56am

Does that mean constitutional crisis? There is always going to be some party in opposition and can abstain from voting to cause the PM election to be unconstitutional. What a joke!!!!!

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